A major insurance spat is brewing in South Carolina, where Selective Insurance is asking a federal court to let it off the hook for a deadly crash involving a company officer’s truck.
On August 4, 2025, Selective Insurance Company of America filed a complaint for declaratory judgment in the United States District Court for the District of South Carolina, Columbia Division. The company wants the court to declare that it does not have to defend or indemnify Utility Service Contractors, Inc. (USC) or its officer, Christopher Bryan Edwards, for claims arising from a motor vehicle accident that happened on Oct. 19, 2024, in Lexington County, South Carolina. Selective is also seeking a declaration that State Farm Mutual Automobile Insurance Company is the primary insurer for the incident and is responsible for defending and indemnifying USC.
According to the complaint, the accident occurred on Route 6, South Lake Drive. Edwards, who was then chief operating officer of USC, was driving a 2019 Dodge Ram 1500 when he was involved in a head-on collision with a vehicle operated by Virginia Burtle.
Burtle died as a result of the accident, and her two minor children, who were passengers, were injured. The complaint states that Edwards was acting in his personal capacity at the time of the incident and not within the course and scope of his employment with USC.
Selective alleges that it has no duty to defend or indemnify any party against claims from this incident because coverage was forfeited by USC due to failure to comply with policy notice requirements. The complaint asserts that USC did not report the accident to Selective until April 3, 2025, more than five months after the incident, despite multiple opportunities to do so. By that time, lawsuits had already been filed against both Edwards and USC, and default had been entered against USC in two actions: C/A No. 2025-CP-40-01366 (on behalf of the Estate of Virginia Burtle) and C/A No. 2025-CP-40-01368 (on behalf of the minor children).
The complaint details that, following a minor accident in September 2024, Edwards was informed by USC that he was no longer permitted to drive USC-owned vehicles and needed to provide his own transportation and insurance. On Sept. 20, 2024, USC sold the 2019 Dodge Ram 1500 to Edwards. Edwards then obtained a State Farm policy on the vehicle, effective Sept. 25, 2024. The vehicle was removed from the Selective policy at USC’s request, and Edwards was removed from the drivers schedule.
Selective’s policy, number S2644748, issued March 14, 2024, with an effective date of March 1, 2024, contains notice requirements, including the duty to give “prompt notice” of any accident, claim, suit, or loss; to “immediately send [Selective] copies of any request, demand, order, notice, summons or legal paper received concerning the claim or suit”; and to “cooperate with [Selective] in the investigation or settlement of the claim or defense against the suit.” Selective claims USC’s failure to comply with these duties constitutes a material breach resulting in substantial prejudice, including loss of opportunity to investigate the incident, interview witnesses, access vehicle data, settle claims pre-suit, or present meritorious defenses.
Selective further claims that the State Farm policy, number 759 7609-C25-40, with Christopher Bryan and Tammy Edwards as named insureds, is the primary policy covering the incident, as the vehicle was owned by Edwards and listed on the State Farm policy at the time of the accident. Selective asserts that State Farm has a primary duty to defend and indemnify USC in the lawsuits and that State Farm has not fulfilled this duty.
Selective seeks a court declaration that it is not obligated to defend or indemnify USC or Edwards under its policy, that any coverage would be limited to a $250,000 sub-limit under the ElitePac Commercial Auto Extension (if applicable), and that State Farm’s policy is primary for all claims arising from the incident. Selective also alleges that State Farm has failed to provide a defense for USC, despite providing one for Edwards.
The complaint emphasizes the importance of timely notice and compliance with policy conditions, as well as the allocation of primary and excess coverage between insurers. All statements are based on Selective’s claims in the filed complaint, and no court rulings have been issued as of this filing.
